violating his first amendment rights of freedom of religion. i want to bring in our legal analyst joey jackson in the studio with me. >> hello, brooke. >> the obvious question is did the judge violate his rights reportedly it's actually legal? >> first of all, most of my clients, brooke, would love to be sentenced to ten years of church instead of jail. >> right. >> now, on that basis, knowing that and understanding that, if the defendant consented to the sentence, it's not a violation of the defendant's rights. if the defendant did not, it becomes problematic. here's why. first amendment, separation between church and state. we can establish a religion of our choosing, and practice a religion of our choosing. as a result of that separation, a judge and court cannot impose on you you have to go to any church at all irrespective of your faith. >> can the aclu step in? >> fwo problems. one, the issue of consent. the second is however a very technical issue, brooke. and that is standing. the person who sues has to be aggrieved, has to be affected, has to be damaged by the suit. and if the